Equitable Relief Available Sample Clauses
The 'Equitable Relief Available' clause allows a party to seek remedies from a court that go beyond monetary damages, such as injunctions or specific performance, when a breach of contract could cause irreparable harm. In practice, this means that if one party violates certain obligations—like confidentiality or non-compete provisions—the other party can request the court to order the breaching party to stop the harmful action or to fulfill their contractual duties. This clause is essential for situations where financial compensation alone would not adequately address the harm, ensuring that parties have access to appropriate legal remedies to prevent or correct significant non-monetary injuries.
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Equitable Relief Available. Employee acknowledges that remedies at law may be inadequate to protect the Company against any actual or threatened breach of the provisions of paragraph 6 by Employee. Accordingly, without prejudice to any other rights or remedies otherwise available to the Company, Employee agrees that the Company shall have the right to equitable and injunctive relief to prevent any breach of the provisions of paragraph 6 (without the requirement to post any bond), as well as to such damages or other relief as may be available to the Company by reason of any such breach as does occur.
Equitable Relief Available. Officer acknowledges that remedies at law may be inadequate to protect the Company against any actual or threatened breach of the provisions of Section 6 by Officer. Accordingly, without prejudice to any other rights or remedies otherwise available to the Company, Officer agrees that the Company shall have the right to equitable and injunctive relief to prevent any breach of the provisions of Section 6, as well as to such damages or other relief as may be available to the Company by reason of any such breach as does occur.
Equitable Relief Available. Notwithstanding anything to the contrary in Section J of this Article VIII, Old Lyme and CAC acknowledge that it will be impossible to measure in money the damages if either of them fails to comply with certain obligations imposed by this Agreement, that every obligation is material, and that in the event of any failure to comply the injured party will not have an adequate remedy at law or in damages. Old Lyme and CAC further acknowledge that money damages would be insufficient to obtain the duplicate or substantial equivalent of the promised performance of the other as provided in this Agreement due to the unique character of this Agreement. Old Lyme and CAC further acknowledge that substantially equivalent performance could not be obtained by the other due to the difficulty, delay, and inconvenience involved. Therefore, Old Lyme and CAC agree that the obligations set forth in Article I and Article V under this Agreement may be enforced by temporary and permanent injunctive relief or other available equitable remedies against them at the suit of the other without bond or other security to compel performance of the terms of this Agreement. Old Lyme and CAC waive and covenant not to raise as a defense in any action seeking injunctive relief (i) failure of consideration and (ii) availability of relief in damages. Without in any way limiting the foregoing, upon Old Lyme's termination of the authority of CAC to perform the Services, upon the refusal of CAC to deliver such files to Old Lyme within a reasonable time, CAC agrees to consent to the entry of an injunction requiring CAC to deliver all policy claims and other files required to be maintained by CAC hereunder to permit Old Lyme to properly discharge its obligations in respect of the policies underwritten by Old Lyme and to adequately protect its interests in connection therewith. In addition, Old Lyme and CAC agree that any award of injunctive relief will include recovery of associated costs and expenses (including reasonable attorneys' fees).